Making your case in Europe: Defending against DPA inquiries and sanctions
18 May 2022
Webinar to help you negotiate with the DPAs in France, Germany, Ireland and Spain
Event video and slides - Event attendees only
Date: Wednesday 18 May 2022
Times: 09.30 to 11.00 BST
CPE Credits: 1.5
Data Protection Authorities across Europe are active in conducting inquiries and investigations either on their own initiative or in response to complaints. Some DPAs announce in advance the sectors on which they will focus. Inquiries and Investigations can take the form of in-person visits to companies while other investigations can be conducted online, if the review is of websites or other online communications.
In either case, the more that a company is well-prepared to respond to such inquiries, the better will be the outcome from the company perspective. There are inevitably differences between countries in the way that such initiatives by DPAs are conducted.
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- The Briefing
This Briefing will prepare you to better understand the different operational methods and styles deployed by the national DPAs, in particular in France, Germany, Ireland and Spain while reference will be made for comparison to other European countries, including the United Kingdom.
Issues covered include:
- How do you assess the relative risks of regulatory action by DPAs in the different countries?
- On which aspects of the GDPR are DPAs most likely to take action?
- How do you decide on your defensive strategy?
- If a DPA announces sanctions, what is the optimum way to respond?
- What is the scope for negotiating with DPAs on reducing fines and/or other sanctions?
- On which subjects can companies expect different regulators to work together?
Time Session 09.30 Introductions 09.40
- This session will set the scene with a topical overview of data privacy investigation and enforcement trends across Europe, focusing on France, Germany, Ireland and Spain.
- The panel will then discuss in detail how to prepare for and respond to DPA investigations and enforcement actions. We will look at a number of aspects, including: practical risk mitigation strategies; how to engage with the DPAs before, during and after an investigation; different strategic options for responding to the DPAs; and specific issues in cross-border investigations.
- The panel will also touch on considerations relating to civil litigation risk, in the context of DPA investigations.
- This session will have a practical focus. You will be able to identify the main enforcement risks in practice, and draw from the broad experience of the panel to provide tangible response and defence strategies.
Questions and Answers
Chair: Gail Crawford, Partner, Latham & Watkins
- Myria Saarinen, Partner, Latham & Watkins, France
- Tim Wybitul, Partner, Latham & Watkins, Germany
- Brian Johnston, Partner, Mason Hayes & Curran, Ireland
- José Maria Alonso, Partner, Latham & Watkins, Spain
- James Lloyd, Partner, Latham & Watkins, United Kingdom
Thanks to our host